, , आयकर अपीलीय अधिकरण ‘‘ए’

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI श्री एबी टी. वर्की, न्यायिर्क सदस्य एवं श्री अयिताभ शुक्ला, लेखा सदस्य के समक्ष BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.2962 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2015-16 Visteon Corporation Asst. Commissioner of Income Tax, Grace Lake Corporation Centre, International Taxation, Van Buren Township, Circle-2(2), Michigan-48111 Chennai.

[PAN: AADCV5660K]

(अपीलार्थी/Appellant) (

प्रत्यर्थी

/Respondent)

अपीलार्थी की ओर से/ Assessee by : Shri Ajay Vohra, Sr. Advocate Mr.Aditya Vohra, Advocate (Virtual)

प्रत्यर्थी की ओर से /Revenue by : Shri R. Raghupathy, Addl. CIT सुिवाई की तारीख/Date of Hearing : 17.02.2025 घोर्णा की तारीख /Date of Pronouncement : 26.03.2025 / O R D E R आदेश PER AMITABH SHUKLA, A.M :

This appeal is filed by the assessee against the directions of the DRP given vide ITBA/DRP/M/144C(5)/2024-25/1068182956(1) dated

30.08.2024 to the Ld. AO for passing the order dated 26.09.2024.

2.0 Ground of appeal No.1 is general in nature and does not require any specific adjudication.

3.0 The first issue raised by the assessee through ground of appeal No.2 and 2.1 are regarding the action of the DRP in not following the order of this tribunal, in assessee’s case, passed vide ITA No.260/Chny/2023 dated 26.07.2024. It is the case of the assessee that the lower authorities have exceeded their jurisdiction by travelling beyond and taking a decision in direct valuation of order of this tribunal dated 26.07.2024 supra. The Ld. Counsel for the assessee submitted that this is the second round of litigation in this case. It has been submitted that in the first round of litigation, PCIT had, for AY-2015-16, exercised its revisionary powers u/s 263 vide its order dated 30.03.2021 the matter travelled to this tribunal which passed order in ITA No.434/Chny/2021 dated 21/02/2022, whereby the impugned order dated 30.03.2021 was set aside to the PCIT for readjudication. The PCIT then proceeded to pass another revisionary powers u/s 263 vide its order dated 06.01.2023 directing the Ld. AO “…that the assessment may be framed after examining the character and taxability of all the receipts w.r.t. article-12 and 23 of India – USA DTAA, after giving fresh opportunity to the assessee…”. The Ld. Counsel submitted that meanwhile this tribunal passed a common order dated 26.07.2024 in ITA Nos.259, 260, 261 and 262 / Chny/ 2023 for AYs-2014-15, 2015-16, 2016-17 & 2017-18. It was submitted that through ITA Nos.260/Chny/ 2023 for AYs-2015-16 the second revisionary order u/s 263 dated

06.01.2023 was challenged.

4.0 The Ld. Counsel submitted that in the impugned order this tribunal at para 12 on page 23 held that order u/s 263 for AYs-2015-16 is non-maintainable. The relevant part cited by Ld. Counsel is extracted herein below:-

“……12. As regards to appeal for assessment year 2015-16, which is an appeal against revision order passed by the PCIT u/s.263 of the Act in ITA No.260/CHNY/2023 for the assessment year 2015-16, the issue on merits is exactly identical as we have deal with in ITA No.659/CHNY/2023 for the assessment year 2014-15 above. Hence, taking a consistent view, we adopt the decision of assessment year 2014-15 and accordingly delete the addition. ….”

The Ld. Counsel that vehemently argued the DRP has violated the provisions of law by not-complying with the directions of this tribunal on the issue of revision order passed by the PCIT u/s.263 of the Act. Accordingly it was argued that as this tribunal has quashed the very 263 proceedings, therefore the assessment order dated 26.09.2024 of the Learned Assistant Commissioner of Income Tax (International Taxation) Circle-2(2), Chennai for the assessment years 2015-16 becomes void ab initio. It was urged that once the foundation goes the super structure cannot survive. The Ld. Counsel also informed that, by way of an additional ground it had brought the matter to